The case revolves around M/s LOIN TECHNOLOGY PRIVATE LIMITED and its directors, who were found in violation of Section 12(3) of the Companies Act, 2013. The violation pertained to the absence of essential details on the signboard affixed at the company’s registered office, as mandated by the law. Despite receiving a show cause notice, the company and its officers failed to submit a reply, leading to further inquiry and eventual adjudication.
The adjudicating officer, appointed under section 454 of the Companies Act, 2013, carefully considered the facts of the case before concluding that the company and its officers were indeed liable for penalties. The penalty imposed was in accordance with Section 12(8) of the Act, covering the duration of the violation from the date of the show cause notice to the submission of the reply.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
Office of The Registrar of Companies, Madhya Pradesh
Sanjay Complex, ‘A’ Block, 3rd Floor,
Jayendraganj, Gwalior — 474009.
E.mail: roc.gwalior@mca.gov.in
Order No. ROC-G/Adj-Penalties/Order/2022/ 313 to 916 Dated 02 AUG 2022
Sub: Order under section 454 for violation of Section 12(3) of the Companies Act, 2013 read with Companies (Adjudication of Penalties) Rules, 2014.
In the matter of the Companies Act, 2013
And
In the matter of adjudication proceeding under Sub-section (3) of sectionl2 of the
Companies Act, 2013.
And
In the matter of LOIN TECHNOLOGY PRIVATE LIMITED
(CIN No. U74999MP2020PTC051041)
1. M/S LOIN TECHNOLOGY PRIVATE LIMITED,
(U74999MP2020PTC051041)
C/o Jitendra Singh Jatav, Nagar Palika ki. Dukan,
Raniganj, Panna, Madhya Pradesh, – 488 333, India.
Ullwaliyotidev.pannaagmail.com.
2. Ms. VEERENDRA KUMAR VISHWAKARMA., (DIRECTOR), (From 25.02.2020 to till date)
3. NEELAM GAUTAM, (DIRECTOR), (From 25.02.2020 to till date)
……. Respondent
Date of Hearing: 09th of June 2022
Appointment of Adjudicating Officer
1. The Ministry of Corporate Affairs vide its gazette notification no OS.831(E) dated 24,03.2015, has appointed the undersigned as Adjudicating Officer (AO) in exercise of the powers conferred by section 454 of the Companies Act, 2013 (hereinafter known as Act) read with Companies (Adjudication of Penalties) Rules, 2014 for adjudging penalties under the provisions of this Act.
Company
2. Whereas Company MIS LOIN TECHNOLOGY PRIVATE LIMITED, (1174999MP2020PTC051041) [herein after known as Company] is a registered company with this office under the provisions of Companies Act, 2013 having its registered office situated at Cio Jitendra Singh Jatav, Nagar Palilca ki Dukan, Raniganj, Parma, Madhya Pradesh – 488 333, India, as per the MCA website.
Facts of the case
3. Whereas, the office has conducted physical verification of the registered office of the company on 12.01.2022. As per the report submitted by the STA of this office on physical verification of registered office prime-facie it appears that the company has violated the provision of section 12(3) of the Companies Act, 2013 i.e., the sign board affixed in the main entrance of the company had no details of Corporate Identity Number, telephone no, e-mail and website etc, of the company. Hence, company has violated the provision of section 12(3) of the Companies Act. 2013, which attracted penal action under the provisions of Section 12(8) of the Companies Act, 2013.
4. Accordingly, this office had issued show cause notice for violation of section 12(3) of the Companies Act, 2013 to the company and its officers in default vide no. ROC-G/Adj.Pen./Sec.12(3)/20221214-216 on 25.04.2022. However, the company and its officers in defaults have not submitted their reply in the office,
5. Thereafter, “Notices of Inquiry” vide No. RoC-G/Adj.Pen/Sec.12(3)/2022/461-463 dated 27.05.2022 were issued to the Company and its officers in default as per [Rule 3(3), Companies (Adjudication of Penalties) Rules 2014] and the date of hearing was fixed on 09.06.2022 at 11:30 AM in the Office of Registrar’ of Companies, Madhya Pradesh, Sanjay Complex, A block-III floor, Jayendraganj, Gwalior, Madhya Pradesh.
6. Mr. Veerendra Kumar Vishwakarma, one of the directors of the company has appeared on the date so fixed i.e., 09.06.2022 and represented another director Ms. Neelam Gautam.
Order
7. Having Considered the facts and circumstances of the case and after taking into account the factors above, it is concluded that the Company and its officers in default are liable for penalty as prescribed under Section 12(8) of the Act for violating of section 12(3) of the Act by the company viz. LOIN TECHNOLOGY PRIVATE LIMITED for 18 days i.e. with effect from 25.04.2022 (Date of Show Cause Notice 25.04.2022) to 06.052022 (Reply dated 06.05.2022 submitted by the company) in terms of Section 12(3) of the Act.
8. Accordingly, I am inclined to impose a penalty as prescribed under Sub-section (8) of Section 12 of the Companies Act, 2013. The details of the penalty imposed on the company and officers in default are shown in the table below:
| Nature of Default | Relevant section under the Companies Act„ 2013 |
Name of persons on whom penalty is imposed | No. of days of default |
Per day penalty for default
(Rs.) |
Total default amount
(Rs.) |
Maximum Penalty (Rs.). | Final. Penalty imposed
(Rs.) |
| Violation of section 12(3) | S.12(3) | On Company | 11 | 1,0001- | 11,000/- | 1,00,000/- | 11,000/- |
| Mr. Veerendra Kumar Vishwakarma | 11 | 1,0001- | 11,000/- | 1,00,000/- | 11,000/- | ||
| Ms. Neelam Gautam | 11 | 1,000/- | 11,000/- | 1,00,000/- | 11,000/- |
I am of this opinion that penalty is commensurate with the aforesaid failure committed by the Notice and penalty so imposed upon the Officers-in-default shall be paid from their personal sources/ income. It is further directed that penalty imposed shall be paid through the Ministry of Corporate Affairs portal only as mentioned under Rule 3(14) of Company (Adjudication of Penalties) (Amendment) Rules, 2019 under intimation to this office.
9. Appeal against this order may be filed in writing with the Hon’ble. Regional Director (NWR), Ministry of Corporate Affairs, Ahmedabad within a period of sixty days from the date of receipt of this order, in. Form ADM (available on Ministry website www.mca.gov.in setting forth the grounds of appeal and shall be accompanied by a certified copy of this order. (Section 454(5) & 454(6) of the Act read with Companies (Adjudication of Penalties) Rules, 2014).
10. Your attention is also invited to Section 454(8)(0 and 454(8)(ii) of the Companies Act, 2013, which state that in case of non-payment of penalty amount, the company shall be punishable with fine which shall not be less than twenty five thousand rupees but which may extend to five lakh rupees and officer in default shall be punishable with imprisonment which may extend to six months or with fine which shall not be less than twenty five thousand rupees but which may extend to one lach rupees or both.
11. In Terms of The Provisions Of Sub-Rule (9) Of Rule 3 Of The Companies (Adjudication of Penalties) Rules, 2014, copy of the order is being sent to M/s LOIN IECHNOLOGY PRIVATE LIMIIED, C/o Jitendra Singh Jatav, Nagar Palika ki Dukan, Raniganj, Panna, Madhya Pradesh – 488 333, India, Mr. Veerendra Kumar Vishwakarma, (Director), Ms. Neelam Gautam, (Director) and Regional Director (Nwr), Naranapura, Ahmedabad and will also be Uploaded On MCA Website..
The adjudication notice stands disposed of with this order.
(Mukesh Kumar Soni)
Registrar of Companies, (I/C) & Adjudicating officer,
Madhya Pradesh, Gwalior.
Order Reserved. on: 09.06.2022
Order Pronouuded on: 02.08.2022
Signed on this Ord day of August 2022.
Place: Gwalior, Madhya Pradesh.
